INSTRUCTIONS

Petition for Determination of Descent

Forms you will need to start your determination of descent case:

• Petition for Determination of Descent (PRO1402).

Important Notices and Resources

The Court has forms and instructions, for some types of cases, as a general guide to the court
process. These instructions explain the steps in more detail and answer common questions, but
are not a full guide to the law. Court employees may be able to give general information on court
rules and procedures, but they cannot give legal advice.
Have a question about court forms or instructions?
• Visit www.MNCourts.gov/SelfHelp
• Call the Statewide Self-Help Center at (651) 435-6535

Not sure what to do about a legal issue or need advice?

• Talk with an attorney
• Visit http://mncourts.gov/Help-Topics/Find-a-Lawyer.aspx

Helpful materials may be found at your public county law library. For a directory, see http://mn.gov/law-
library/research-links/county-law-libraries.jsp . For more information, contact your court administrator or call
the Minnesota State Law Library at 651-297-7651.

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 General Information about Determination of Descent

Visit the Probate, Wills, and Estates Help Topic (http://mncourts.gov/Help-Topics/Probate-Wills-and-

Estates.aspx) for more detailed information about probate, definitions, and Frequently Asked
Questions (FAQs) about the process.

The process for determination of descent is used when:

• The decedent has been dead for more than three years;
• The decedent left real or personal property; and
• The decedent’s estate has not already gone through probate in Minnesota or in any other
state.

Any interested person can file a Petition for Determination of Descent in Minnesota (see below for a
definition of interested person). Potential heirs or beneficiaries of the estate are typically the ones
who file to start this kind of case.

If you are not sure whether your situation qualifies for determination of descent, talk to an attorney.
Court staff cannot give legal advice.

Definitions you may find helpful as you complete the forms:

• Codicil – A legal document that is used to make changes to an existing Will. Generally, codicils
add to or supplement a Will rather than replace a Will.
• Decedent – The person who has died.
• Demandant – A person who demands that they receive notice in a probate proceeding by filing
a document called a "Demand for Notice" with the court.
• Descendant or Issue – A blood or legally adopted relative directly descended from a person,
including children, grandchildren, great-grandchildren, etc.
• Devisee – Any person designated (named) in a Will to receive real estate or personal property.
• Heir – A person who is entitled to the property of a person who died intestate.
• Interested Person – A term that includes:
o heirs of the decedent;
o devisees of the decedent;
o children of the decedent;
o spouse of the decedent;
o demandants of the decedent;
o beneficiaries;
o anyone with priority for appointment as a personal representative;

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 o anyone else having a property right in or claim against the decedent’s estate that may
be affected by a probate proceeding, or the fiduciary representing someone who does,
such as a guardian, conservator, or trustee; and
o other individuals as determined by the court.
• Intestate – When a person has not made a valid Will before dying, they are said to have “died
intestate.”
• Personal Representative (nominated by the Will) – Formerly known in MN as the “executor,”
a person who is appointed by the court in a probate case to administer the estate of a person
who has died. Personal representatives are not needed and not appointed in determination of
descent cases.
• Separate writing gifting personal property – A document that lists what the testator wants to
have happen to specific items of tangible personal property (other than cash, coin collections,
or property used in a trade/business) that are not specifically addressed in the Will.
• Testate – When a person has made a valid Will before dying, they are said to have “died
testate.”
• Will – A legal document describing how a person wants their property distributed after they
have died.

Information needed to complete the Petition:

• The birth date and location of the person who died, as well as the death date and location.
• The permanent residence address of the person who died at the time of their death.
• The names and addresses of any spouse, children, heirs, and devisees of the person who
died, as well as the names and addresses of any other interested parties.
• An estimate of the value of any assets and debts of the person who died.
• The original version or a photocopy of the Will (if available), codicil(s), and any separate
writing(s) left by the person who died.
• The county and judicial district number where case will be filed.

Step 1
Fill out Petition for Determination of Descent (PRO1402)

The Caption

The top part of the first page is where you will find the case caption. It looks like this:

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 A. List the county where you will be filing your determination of descent case. Probate cases are
typically filed in the county where the Decedent was living when they died, or if they were
not a MN resident, in the MN county where they owned property. If you are not sure where
you should file, please talk to an attorney. Court staff cannot tell you where to file your case.
B. List the Judicial District. Each county belongs in one of ten judicial districts. If you do not
know the Judicial District, you can find a map with all of the Judicial Districts at
http://www.mncourts.gov/Find-Courts.aspx.
C. Write in the full legal name of the person who died (first, middle, and last). Include all names
the person may have been known by, especially if those names are listed on the Will, death
certificate, or assets.
Information about the Petitioner

1. Write your name as the person petitioning for determination of descent. Check all boxes
that apply to describe your relationship to the person who died.
Information about the Decedent

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2. Fill in the date and location of the birth of the person who died.
3. Fill in the date and location of the death of the person who died.
4. Fill in the street address, city, state, zip code, and county of the legal residence of the
person who died at the time of their death. If you are not sure what would be considered
the legal residence, you should speak with an attorney.
5. Check either “yes” or “no” to answer whether the person lived in MN when they died. If
they did not live in MN, you should also check “yes” or “no” to answer whether the person
owned property in MN when they died. If they did, list the county where the property was
located.
Information about the Will and the Personal Representative

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6. First, check a box to say whether the person who died did or did not have a Will.

a. If there was a Will, fill in the dates for any documents the person who died had and
check all of the boxes that may apply.
o A Will is a document describing what a person wants to happen to their property after
they have died.
o A codicil is a document that is used to make changes to an existing Will. Rather than
replacing a Will with a whole new document, a codicil is an additional document
used to explain or change an existing Will.
o A separate writing gifting personal property is a document that lists what the
testator wants to have happen to specific items of tangible personal property (other
than cash, coin collections, or property used in a trade/business) that are not
specifically addressed in the Will.
Submit any and all of the originals of these documents that you may have. If you only have
copies and not the original documents, you can submit these instead along with a Statement of
Contents of Lost, Destroyed, or Otherwise Unavailable Will (PRO1206).
b. Next, check the boxes that describe where the Will, codicil (if any), and separate writing
(if any) can be found, checking all that may apply.

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8. Check a box to say whether you have received any demands for notice, and if you have,
whether you have given proper notice to anyone who has filed a demand for notice.
o A demand for notice is a document typically filed by a creditor (any person or
business that is owed money or property by the estate) asking that they be given
notice when a probate case is opened, when documents are filed into the case, and
when orders are issued.
o Check with the court to see whether any demands for notice have been filed. If any
demands for notice have been filed, you must serve a Notice of Intent to File
Document After Demand for Notice (PRO907) at least 14 days before filing the
Petition with the court, and the demandants who submitted the forms must be
listed as interested parties later in the Petition.
Information about Decedent’s family and/or interested persons:

9. Check all of the boxes that apply to describe the family situation of the person who died.

o Decedent left no surviving spouse: Check this box if the person who died was never
married, was married but their spouse died first, or was divorced and was not
remarried at the time they died.
o Decedent left no surviving issue: Check this box if the person who died did not have
any living issue at the time they died. “Issue” means direct lineal descendants, such
as children, grandchildren, great-grandchildren, etc., whether by blood or by
adoption.

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 o All issue of Decedent are issue of Decedent’s surviving spouse: Check this box if the
person who died never had children (by blood or adoption) with someone other
than the spouse they were married to at the time they died, so that all children,
grandchildren, great-grandchildren, etc. of the person who died are also related to
the surviving spouse.
o There are issue of Decedent that are not issue of the surviving spouse: Check this
box if the person who died had children (by blood or adoption) with someone other
than the spouse they were married to at the time they died, so that some of the
children, grandchildren, great-grandchildren, etc. of the person who died are not
related to the surviving spouse.
o There are issue of the surviving spouse who are not issue of the Decedent: Check
this box if the surviving spouse of the person who died ever had children (by blood
or adoption) with someone other than the person who died, so that some of the
children, grandchildren, great-grandchildren, etc. of the surviving spouse are not
related to the person who died.

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10. For this question, you will need to gather information about all of the interested parties for
the probate case. For each interested party, you will need the party’s:
o Full name
o Mailing address
o Relationship to the person who died
o Legal interest in the probate case
o Birth date (if the party is a minor) or date of death (if the party is deceased)

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 List the spouse of the decedent first, if there is one. Repeat this for each interested party
until all are listed.
For the familial relationship and legal interest section, see pages 2 and 3 of these
Instructions for definitions of devisee, heir, personal representative, and creditor. The
“Other” section can be used to add relationships and interests that do not fit in the other
boxes, including (but not limited to):
o Attorney General – If the person who died included any charities as devisees, the
attorney general is considered an interested person that must be listed.
o Demandant – If any creditors have submitted a Demand for Notice, they are
considered interested persons that must be listed.
o Fiduciary – If a person is a guardian, conservator, attorney-in-fact, trustee, or
personal representative for one of the other interested persons, that fiduciary must
be listed.
o Foreign Consulate – If the person who died or any of the heirs or devisees was born
in a foreign country, the Consulate of that country is considered an interested
person that must be listed.
o Parent of a minor interested person – If one of the interested persons is a minor,
the parent of that person must be listed.
If you are not sure whether to list a person or entity as an interested person, or you are not
sure whether you have included all of the interested persons, it is a good idea to get some
legal advice.

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11. Check a box to say whether all of the people you listed as heirs in Question #10 lived at
least 120 hours longer than the date the Decedent died. If any of the heirs died during that
time, list that person’s name.

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12. The answers you give to this question will create what is called a “negative allegation
statement,” which specifically tells the court that there are no other heirs or devisees other
than the ones listed in your Petition. Only check the boxes that apply to your situation.
o (1) – Check this box to say that you have listed all of the devisees of the person who
died.
o (2) – Check this box to say that you have listed the spouse of the person who died, if
they had a living spouse.
o (3) – Check this box to say that you have listed all of the children of the person who
died, including all adopted children, but not step-children.
o (4) Check this box to say that if the person who died had any children that died
before them, you have listed all of that deceased child’s children (grandchildren of
the person who died that had the deceased child as a parent).
If you checked box (3) and/or box (4), you do not need to continue with the rest of this question. If
you did not check either of those boxes, continue to box (5).

o (5) – Check this box to say that you have listed the parents of the person who died if
the person who died had no descendants (blood relatives directly descended from
them, including children, grandchildren, great-grandchildren, etc.)

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 o (5)(a) – If the person who died had no living parents, check this box to say
that you have listed all of the siblings of the person who died instead.
o (5)(b) – This box is used if you checked (5)(a) to say that you listed all of the
siblings of the person who died because they had no living parents, but one
or more of these siblings has died. Check this box to say that you have listed
all of the descendants of any deceased siblings (these would be nieces,
nephews, grandnieces, grandnephews, etc. of the Decedent).
If you checked box (5), you do not need to continue with the rest of this question. If you did not
check box (5), continue to box (6).

o (6) – Check this box to say that you have listed the grandparents (on both their
mother’s side (maternal) and their father’s side (paternal)) of the person who died,
if the person who died did not have any siblings.
o (7) – Maternal Grandparents
o (7)(a) – If neither of the Decedent’s maternal grandparents are living, check
this box to say that you have listed the siblings of the Decedent’s mother
(these would be aunts and uncles of the person who died).
o (7)(b) – If any of the aunts or uncles listed in box (7)(a) have died, check this
box to say that you have listed all of their children (these would be 1st
cousins of the Decedent).

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 o (7)(c) – If none of the 1st cousins listed in (7)(b) are living, check this box to
say that you have listed any living children of these 1st cousins.
o (8) – Paternal Grandparents
o (8)(a) – If neither of the Decedent’s paternal grandparents are living, check
this box to say that you have listed the siblings of the Decedent’s mother
(these would be aunts and uncles of the person who died).
o (8)(b) – If any of the aunts or uncles listed in box (8)(a) have died, check this
box to say that you have listed all of their children (these would be 1st
cousins of the Decedent).
o (8)(c) – If none of the 1st cousins listed in (8)(b) are living, check this box to
say that you have listed any living children of these 1st cousins.
If you checked any of the boxes for (6)-(8), you should make sure that all of the people you named
are also listed as interested persons in question 10. You should also attach a family tree to your
Petition.

Decedent’s Property

15. Before you can fill in the information on the chart on question #15, you need to fill out
Attachments A and B. For now, skip to Attachment A: Real Estate.

The Decedent’s property that is on hand for distribution will be described and valued in detail in
Attachments A and B. When completing these attachments, all values should be reported as of the
date of death.
Do not list any non-probate property. Non-probate property is any assets of the Decedent that can
be transferred to a new owner without going through the probate process. For example:

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 • Real property held as joint tenants with right of survivorship;

• Bank or brokerage accounts that are held jointly or with a payable-on-death beneficiary
designation to a surviving person;

• Investment or retirement accounts or insurance policies that have a designated beneficiary

other than the person who died, provided that beneficiary survived the person who died;

• Property held in a trust.

If you are not sure whether an asset would be considered a probate or non-probate asset, it is a
good idea to talk to an attorney.

Attachment A: Real Estate

You must fill out “Attachment A” even if the Decedent did not own any real estate in Minnesota.
Do not list real estate that is located outside Minnesota in Attachment A.

1 a b c

A. State how many pieces of Minnesota real estate were owned by the person who died at the time
of their death.

1. Start by listing information about the homestead property (if there is one) of the person who died.

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 a. In the Description of Property column, include the county, formal legal description, AND
the street address of the homestead property. If the property is Be sure to copy the full
rural, include the acreage as well. formal legal description
exactly as it appears on
b. List the County Assessor’s market value for the homestead the Deed, Contract for
Deed, or Certificate of
property. You can get this information from the County Assessor’s
Title on file with the office
Office in the county where the property is located. of the County Recorder or
Registrar of Titles in the
c. List the fair market value for the homestead property. Fair market county where the property
value is the amount that the property would sell for on the open is located. An online
description or a tax
market, and it may or may not be the same as the County statement may not contain
Assessor’s market value. Another method for trying to figure out the full legal description.
the fair market value would be to get an appraisal done for the
property. If you are not sure how to calculate the fair market value, it is a good idea to
talk to an attorney.

2. Repeat for all other real estate in Minnesota. If the person who died owned more than three
pieces of Minnesota real estate when they died, you can attach extra sheets of paper.
Contracts for Deed: After the legal description, note if there is a Contract for Deed. State the
names of the person who owned the Vendor/Seller’s interest and the person who owned the
Vendee/Buyer’s interest. Include the date of the contract, the interest rate and unpaid balance
at date of death, and accrued interest, if any.

Add up the fair market value for all of the real estate listed (including those listed on extra sheets of
paper if there are more than 3 properties) and write in the total value.

Attachment B: Personal Property

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 1 a b c

1. Description of Property. Separately list and number any personal property owned by the
person who died, describing each item.
a. Number of Units. Include the number of units.
b. Fair Market Value of Each Unit. Include the value of each unit (for example, how much
an individual stock is worth) as of the date of death.
c. Total Fair Market Value. Calculate the total fair market value for each (number of units
owned X the value of each unit).

Add up the fair market value for all of the personal property you listed and write in the total value.

After completing Attachments A and B, return to question #15.

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15. After you have listed and described the decedent’s personal property on hand for distribution,
you will state who will get the property. Write in the name of the person receiving property
and the amount each person should get.

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16. Check the box that describes what has happened with the property owned by the person who
died.
17. In some cases, it may be necessary to complete the determination of descent process for
multiple people in order to transfer property. If this applies to your situation, check with court
administration in the county where you are filing to see how they would like you to do this.

Requests for the Court

In this section, you will be letting the court know what you are asking for. The only thing you have
to do in this section is answer #5.

5. Check a box to say whether you are asking the court to determine the decedent’s heirs (if they
died without a Will) or to probate the decedent’s valid and unrevoked Will.

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 Step 2
Sign the Petition for Determination of Descent (PRO1402)

A. Sign the Petition for Determination of Descent form. State your address, phone number,
and e-mail address in the blanks under the signature line. When you sign the Petition, you
are signing under penalty of perjury. This means you are saying that everything in the form
is true and correct; if you know something in the form is not true when you sign it, you
could be found guilty of the crime of perjury (see Minn. Stat. § 609.48,
https://www.revisor.mn.gov/statutes/?id=609.48).
B. If you are an attorney representing the petitioner, check the attorney box and include your
attorney license number, firm name and address, etc.

Step 3 (Optional)
Fill out the Statement of Contents of Lost, Destroyed, or Otherwise
Unavailable Will (PRO1206)

This form is only needed if the original, signed Will of the person who passed away is not available.
Fill out the caption the same way you did for the Petition.
The Statement

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 1

A. Fill in your name as the Petitioner.

1. Fill in the date the original Will was signed, and check one of the boxes describing why the
original Will is not available. If the original Will is not available for a reason other than
being lost or destroyed, check the “other” box and explain what happened to the Will.
2. Check the first box if you are able to attach a copy of the Will to the Statement. Check the
second box if you do not have a copy of the Will, but are able to describe what the Will
said instead.
The Signature Block
Sign the form under penalty of perjury and fill in the blanks.

Step 4
Make a Copy of Completed Forms

Make a copy of the Petition for Determination of Descent (PRO1402) and Statement of Contents of
Lost, Destroyed, or Otherwise Unavailable Will (PRO1206) (if you completed this form) for your
own records.

Step 5
File the Completed Forms with the Court

File the following with the court:

• Petition for Determination of Descent (PRO1402);

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 • The original Will, if available—if not, then the Statement of Contents of Lost, Destroyed, or
Otherwise Unavailable Will (PRO1206); and

• The death certificate of the decedent and of any heirs or devisees that died before the
decedent.
There is a filing fee due when you file. You can make checks payable to “District Court
Administrator.” See https://mncourts.gov/Help-Topics/Court-Fees.aspx.

Step 6
Mail and Publish Notice of the Hearing for Interested Parties

If court administration finds that all of your documents are in order, they will schedule a hearing
and issue you a copy of a Notice and Order for Hearing on Petition for Descent of Property.
Make copies of the Notice form and mail one to each of the heirs, devisees, and all other
interested parties you listed in the Petition. The Notice must be mailed no later than 14 days
before the scheduled court hearing. Complete a separate Affidavit of Mailing (Petition for
Determination of Descent) (PRO1402) for each party you mailed the Notice to and file the
affidavits with the court.
Publish the Notice and Order for Hearing on Petition for Determination of Descent once a week for
two consecutive weeks in a legal newspaper in the county where the case was filed. The second
publication must be at least ten days prior to the hearing. You will be responsible for paying the
costs of publication. File the Affidavit of Publication given to you by the newspaper with the court.

Step 7
Fill out the Notice to Commissioner of Human Services Regarding
Possible Claims (PRO905) and Mail a Copy to the Commissioner

Complete the Notice to Commissioner of Human Services Regarding Possible Claims and make a copy
of the document to keep for your own records. Send the following documents to the Commissioner:

• Notice to Commissioner of Human Services Regarding Possible Claims; and

• Copy of the Notice and Order for Hearing on Petition for Determination of Descent

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The address for mailing this notice is: Commissioner of Human Services, Attn: Special Recovery
Unit/Estate Notice, P.O. Box 64995, St. Paul, MN 55164-0095.

You do not need to have someone else mail this notice to the You need to file the Affidavit
Commissioner—you can be the one to mail it. After you have mailed the of Service with the court, but
NOT the Notice form.
notice:
1. Complete an Affidavit of Service of Notice to the Commissioner of
Human Services Regarding Possible Claims (PRO903), and
2. File the Affidavit of Service with the court.

Do not file the Notice with the court (it is for the Commissioner of Human Services only).

NOTE: If real estate is involved, for certain real estate transactions, you may have to take
additional steps with the county recorder’s office in the county where the real estate is located.
Court staff cannot answer questions about real estate transactions. If you have any questions, talk
to an attorney.
ALSO NOTE: You will need to get a signed Clearance Certificate for Medical Assistance Claims from
your county agency and file this clearance with the court. For a list of county agency contacts, see
the MN Department of Human Services website at
https://edocs.dhs.state.mn.us/lfserver/Public/DHS-7842-ENG. You can find the application form
for a clearance certificate (DHS6165A) at https://edocs.dhs.state.mn.us/lfserver/Public/DHS-
6165A-ENG.

Step 8
Attend the Court Hearing

It is generally the best practice to file your Affidavits of Mailing, the Affidavit of Publication, and
the Clearance Certificate for Medical Assistance Claims before the scheduled hearing.
You must appear at the scheduled hearing and:

• be ready to talk about the information included in your petition, including whether there is
a Medical Assistance claim; and

• bring a copy of each of the forms you filed as part of Step 7 (above).

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 Step 9
After the Hearing

You will receive a Decree of Descent after you have filed documents discussed at the hearing,
including a Clearance Certificate for Medical Assistance Claims.

Step 10
Get Certified Copies of the Decree of Descent

After the Decree of Descent has been issued by the judge, you can get certified copies from court
administration. There will be a charge for each certified copy (see http://mncourts.gov/Help-
Topics/Court-Fees/District-Court-Fees.aspx?cat=probate&cookieCheck=true).
Certified copies of the Decree of Descent may be needed for certain tasks, including but not limited
to:

• presentation to banks and other financial institutions to close the accounts of the person
who died;

• transferring title to estate real estate;

• presentation to the Department of Motor Vehicles to transfer title to a vehicle.

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